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- Copy of the order dt.24th august, 2015 of high court on spr
CWP No.2367 of 2009(O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CWP No.2367 of 2009(O&M)
Date of decision:24.8.2015
Rambir Singh and others ....Petitioners
State of Haryana and others .....Respondents
CORAM : HON’BLE MR. JUSTICE HEMANT GUPTA
HON’BLE MRS. JUSTICE RAJ RAHUL GARG
Present: Mr. Kulbhushan Sharma, Advocate for the petitioners.
Ms. Palika Monga, DAG, Haryana for respondent No.1, 2 and 4.
Mr. Amar Vivek, Advocate and Mr. Servedaman Rathore, Advocate for respondent No.3.
Mr. N.S. Swaitch, Advocate for respondent No.4.
HEMANT GUPTA, J.(Oral)
The petitioners are owners in possession of different parcels of land situated in village Fajilpur Jharsa, Tehsil and District Gurgaon, which land became subject matter of acquisition vide notification dated 25.11.2008 under Section 4 of the Land Acquisition Act, 1894 (for short
‘the Act’) read with under Section 17(1) of the Act for construction of 150 meters wide road of Sector 72 to National Highway No.8 Gurgaon. Subsequently notification under Section 6 of the Act was published on 07.01.2009 followed by Award dated 24.11.2009.
CWP No.2367 of 2009(O&M)
The grievance of the petitioners is that they have constructed houses over the land intended to be acquired prior to publication of the notification under Section 4 of the Act, therefore,such area cannot be acquired. The petitioners have appended a site plan (Annexure P-30) suggesting an alternate road in red colour to save the houses of the petitioners from demolition. In the written statement originally filed by Chief Town Planner, Haryana, dated 27.04.2010, it was inter alia averred that the land is acquired for a public purpose namely for the development and utilization
of land for 90 meter wide Southern Peripheral Road along with 30 meter green belt on both sides (i.e.150 meters) from National Highway-8 up to Sector 72 Gurgaon. Such Southern Peripheral Road is mentioned in the Draft Development Plan of Gurgaon published on 11.07.2006 in
accordance with the provisions of Section 5 of the Punjab Scheduled Roads and Controlled Areas Restrictions of Unregulated Development Act, 1963. Subsequently, Final Development Plan was published on 05.02.2007. It is also pointed out that such road is planned for smooth flow of inter-city and intra-city traffic the entire Gurgaon-Manesar Urban Complex. The Southern Periphery Road with take off point shall be Toll Plaza on National Highway-8 towards Gurgaon. It is also pointed out that 1795 objections were filed but none by the petitioners was filed in respect of Draft Development Plan. It is pointed out that entire acquisition proceeding stands completed except for 3.34 acres of land as is in the CWP No.2367 of present writ petition. The total length of Southern Periphery Road is 14.5 KM out of which land for 10.4 KM already stands acquired whereas the present acquisition proceedings are for the remaining 4.1 KM length of road for which 128.47 acres of land is being acquired for the portion of Southern Periphery Road starting from National Highway-8 up to Sector 72 Gurgaon. Except for the land in question, award has been announced and possession taken over by the State Government and the land has been further handed over to Haryana Urban Development Authority. The compensation amount of approximately Rs. 127.16 Crore has already been given to the land-owners. Subsequently, in pursuance of an order passed by this Court on 05.05.2014, an additional affidavit has been filed by Sh. Dilbag Singh Sihag, Chief Town Planner, Haryana on 07.05.2015. The averments mentioned in para 3 and 4 of the affidavit reads as under:-
“3. That a proposal regarding the consent and extent to which the private
builders are willing to share the cost of rehabilitation of the petitioners in
terms of aforesaid orders of Hon’ble High Court, was sought from the
leading colonizers and also from The Confederation of Real Estate
Developers’ Associations of India (CREDAI) vide Directorate memo
no.26197-199 dated 13.11.2014, followed by a reminder dated10.12.2014. In
response to aforesaid communication, CREDAI has taken a stand that State
Government is levying external development charges (EDC) for acquisition and
development of city level infrastructure which also includes Southern Periphery Road
(SPR) and therefore Real Estate Industry cannot participate or assume
responsibility to rehabilitate land owners whose land falls within area
reserved for such roads and city level infrastructure. It will be pertinent
to mention here that the colonizers are required to pay external development charges
(EDC) levied at the time of grant of licence as a proportionate cost for
acquisition/construction of town level infrastructure services which also includes the
road network designated in the Development Plan. SPR is one such major road
designated in the Development Plan and has been acquired to fulfil the obligation of
providing road network for Gurgaon for which entire funds have been collected from
the colonisers. It is specifically pointed out here that cost of acquisition and
construction of this road is not being borne by the State Government.
4. That as already submitted in detailed reply dated 27.4.2010, the provision for 90 mtr.
wide Southern Periphery Road (SPR) has been made in the Final Development Plan of
Gurgaon Manesar Urban Complex, for smooth flow of intracity traffic of Gurgaon
Manesar Urban Complex and intercity traffic between Delhi and beyond Gurgaon. The
take off point of this road from NH-8 shall be before Toll Plaza towards Gurgaon and it
terminates on Faridabad Gurgaon Road. It further, links to Gurgaon-Mehrauli road near
Dehli-Haryana interstate border. The SPR road from Faridabad-Gurgaon Road to NH-8
is 14.34 KM long.Out of this 8.89 KM is the length from Gurgaon-Faridabad road to
Gurgaon-Sohna Road. The above section of SPR is to tally constructed at site and is
operational. The remaining SPR Road from Sohna Road to NH-8 is 5.45 KM length. The
present acquisition proceeding are to complete part of this section for which 128.47 acres
of land is being acquired between the portion of SPR starting from NH-8 upto Sector-72,
Gurgaon. A copy of Development Plan of Gurgaon Manesar Urban Complex 2031AD
showing the status of construction is enclosed as Annexure-R/1. This construction of road
is essential for completing the connectivity of SPR with Gurgaon Mehrauli Road which
serves large number of sectors in Gurgaon and also connects the National Highway
No.8. The said road will also provide an alternate main artery for the traffic from South
Delhi to Manesar, Dharuhera, Rewari, Bawal and beyond and thus will provide much
needed relief to ever increasing congestion on NH-8 within existing Gurgaon Town. It is
pertinent to mention here that Haryana Urban Development Authority has acquired
entire stretch of Southern Periphery Road except two bottlenecks i.e. at junction of
Southern Peripheral Road with Gurgaon Sohna Road due to existence of Ambedkar
Bhawan in 100 stretch (however, alternate loop has been constructed to give access to
SPR and road is operational for traffic in this stretch), 300 mtr. stretch due to instant
CWP (construction in this stretch is held up). A plan showing aforesaid bottlenecks is
appended as Annexure- R/2. Further, HUDA has already incurred expenditure of
Rs.17.1 crore on construction of portion of SPR between Sohna Road and NH-8. Thus, it
can be seen that in spite of acquisition and construction of major portion of aforesaid
portion of SPR, intended relief to commuters could not be given on account of present
litigation. Therefore, the answering respondents request for early resolution of this
case to enable completion of this road and accordingly submit a revised proposal for
rehabilitation of the petitioners in succeeding paras.
It is also averred in para 5 of the affidavit that the land acquired for Southern Peripheral Road is also required for laying of trunk water supply lines to carry potable water from water treatment plant at Basai, Gurgaon to Sectors 68-80, Gurgaon. The non-availability of potable water in these sectors is subject matter of titled as Mukesh Sharma v. State of Haryana and others. It is also pointed out that the State Government has formulated Rehabilitation and Resettlement (R&R) Policy, 2010 which provides for allotment of plots in lieu of the bona fide constructed houses with 20% rebate on the rate of allotment price of plots in such area where land is being acquired.
Along with an affidavit, plan (Annexure R-2) has been appended which shows that the land of the petitioner is falling in between two stretches of the already constructed 90 meter wide road.
Learned counsel for the petitioners has vehemently argued that from the affidavits of Sh. Dilbag Singh Sihag, it is apparent that funds for the construction of the road have been collected from the colonizers. Therefore, the land of the colonizers which is adjoining the land under acquisition can very well be utilized for re-alignment of the road by exempting the constructed houses of the petitioners. We have heard learned counsel for the parties and find no merit in the present writ petition. The Development Plan published in terms of the Punjab Scheduled Roads and Controlled Areas Restrictions of Unregulated Development Act, 1963 shows the area in
question as the area reserved for road. The land has been acquired for laying of 90 meter wide
Southern Peripheral Road along with 30 meter wide green belt area on both sides of road. The Southern Peripheral Road stands constructed on both sides of the land in question, as is apparent from Annexure R-2. Since the land is required for construction of the road, the same is permissible in view of the judgments of Hon’ble Supreme Court in Sube Singh & others
v. State of Haryana & others,(2001) 7 SCC 545 and Jagdish Chand Vs. State of Haryana, (2005) 10 SCC 162. The Supreme Court in Jagdish Chand case’ supra held as under:-
“8. In view of what is stated above, we do not find any good reason as to why directions
as given in the case of Sube Singh v. State of Haryana,(2001) 7 SCC 545 should not
be given in these cases as well, subject to certain restrictions to take care of the
planned development of the area. Accordingly, the impugned judgments are set aside
and the appeals are allowed in the following terms:
1. The Secretary, Urban Estates Department, State of Haryana is directed to
consider the objections of the appellants only so far it relates to exclusion
of the land to the extent occupied by the structure and appropriate open
area around the structure for the beneficial enjoyment of the appellants.
However, this direction shall not come in the way of the authorities in
removing the structures, if required for the purposes of road, hospital and
other civic amenities.
2. The Secretary, Urban Estates Department shall decide not only the existence of the structures prior to Section 4(1) notification or
subsequent to, he shall also decide the extent of structure which
existed prior to Section 4(1) notification. 3. It is also open to the
authorities to make adjustment or readjustment of plots for the
purpose of planned development and in case it becomes
necessary to give a little additional area from the plots to the
appellants, the appellants shall be bound to take that additional
area and also be bound to pay cost of such area as is chargeable
to other allottees. The appellants shall also be bound to pay the
developmental charges as is charged from other allottees. It is open to the
parties to place documents or material in support of their contentions.”
The averments in para 3 of the affidavit is in the context of the order passed earlier by this Court on 05.05.2014 to seek rehabilitation of the petitioners by the colonizers. It says that the State has collected external development charges and therefore, the providing of road is the
responsibility of the State. The affidavit discloses the length of the road, the construction already undertaken and also that it will provide alternative main artery from South Delhi to Maneser, Dharuhera, Rewari, Bawal and thus will provide much needed relief to ever increasing congestion on NH-8 within the existing Gurgaon Town.
In view of the aforesaid fact, we find that the land is not being acquired for the benefit of the colonizers as is sought to be projected but to meet the requirement of the general public including to provide water supply. Such public purpose cannot be frustrated on account of a portion of land of the petitioners failing in between the road alignment. The petitioners shall be entitled to allotment of plots in terms of rehabilitation and re-settlement policy of the State Government.
Since the public interest is proposed to be served by construction of the road, we find that the individual interest of the petitioner cannot be permitted to frustrate the larger public interest.
Consequently, we do not find any merit in the present writ petition.
(RAJ RAHUL GARG)
AUGUST 24, 2015CommentQuote1Flag
- Nice update Kiran ji. Hope the petitioners get the plot and settlement is done timely. Priority shall be for people already residing in those sectors get some relief.
Only issue remaining is Ambedkar statue now. As per earlier post understand alternative location option was given but things did not materialize.CommentQuote0Flag
- Is there anything going one to straighten the SPR road at junction where Gurgaon extension road meets SPR in front of vatika ?CommentQuote0Flag
- Yes Ambedkar statue issue...CommentQuote0Flag
- Has anyone information regarding relocation of Ambedkar Bhawan? I had talked with the head person of this Bhawan about two years ago and then he said they are ready to move subject to getting alternate plot of same size on the roadside in nearby area. Currently there was news that Huda is searching plot for them and after that no news is heard. If someone has any clue, please mention.
I agree that villagers must get alternative plots and settlement like NPR'S as per State Govt policy which Court has mentioned in their order too.CommentQuote0Flag
- As per planning that crossing was supposed to have an underpass or a flyover proposal.CommentQuote1Flag
- Progress on court order?
- Originally Posted by kiranmahajanAnita Yadav, Administrator of Huda says Huda will start work soon to complete the road. News attached regarding this.
This news is definitely good..but it just strikes me that since the time i am able to understand the real estate market in gurgaon all these news just improves sentiment,only for a moment , not talking only about this location, you take dwarka expressway, they also have a similar story. No doubt since past 6-7 months a lot has happened there, but now it gives me a feeling that by when is that location going to be fully habitable?? I know for the fact that when the infrastructure is ready, may be then the investors and end users will regret for not having invested in those futuristic locations...
P.S-I have come to a conclusion on my own;) ..that patience is the key!!CommentQuote0Flag
- As far as the question of fully habiization of the SPR is concerned, I see it in better position than NPR because SPR is connected at one end with Sohna Road where large number of Corporate offices from Golf Course road, HUDA City Centre and M G road have already shifted on Sohna road and on other end of SPR lying NH8 Road, also have been occupied by reputed corporate offices in Cyber hub made by DLF and others. In view of this development it's natural that SPR side will develop faster depending upon fast possession provided by builders on this road. Unitech may start giving possession by December 2015 to February 2016 of all front A towers
People working in Manesar, Sohna Road and NH8 would like to come on SPR due to close access from here.
NPR as I know perhaps known more for Residential purpose and close to Delhi border and airport at one end and on other end close to Manesar.
On NH8 Road as per news doing the rounds the I-pod taxi project is going to start in next months stretching from Dhaula Kuwan to Manesar and will be completed in 2 years which will touch SPR too.
So end users and investors are going to benefit in a timespan of 2-3 years handsomely. To complete SPR Rd after taking over litigated land on the basis of court order, will hardly take a fortnight time and the road is going to be one of most attractive road in Gurgaon.CommentQuote1Flag
- Its obvious that SPR will be habitable earlier than NPR as its neighboring locations are ready locations,If litigation is actually going to be resolved in a fortnight, it is need a very positive development.
Talking about the NPR.. that is going to be one of the most sought after locations, a road that is connecting delhi and gurgaon, also in close proximity to airport and the diplomatic enclave will add feathers to its cap( though it has still to come up). Also apart from the residential use DEW has few sectors dedicated for commercial use as well ,I don't know much about the i pod taxi project, all i can say that even the metro phase that was supposed to come up has not come up till now, so may be for now we all can believe on something which is tangible..CommentQuote0Flag
- Have anybody idea what"s going on SPR??? Ranveer ji what's the further development in the matter???CommentQuote0Flag
- Yes it's good news that HUDA is going to allot plots in Sector 37D to SPR villagers. Hope soon matter will be settled and long awaited road is completed.CommentQuote0Flag
- Families displaced by SPR to get plots in Sec 37D: HUDA
Seems to be a good news. Atleaset something is moving.
Families displaced by SPR to get plots in Sec 37D: HUDA - The Times of India
GURGAON: Residents who will be displaced by the land acquisition for the Southern Peripheral Road (SPR) will be given alternate plots in Sector 37D. The rehabilitation and resettlement scheme will be the same as the one offered for those displaced by the land acquisition for Dwarka Expressway.
Officials said HUDA will soon carry out a survey of the area to finalize the layout plant and available plots in the sector. The SPR will originate from Gurgaon-Faridabad Road near Ghata and meet NH-8 near Kherki Dhaula, and is proposed to be connected to the NPR via a central peripheral road, all of which is expected to ease NH-8 traffic.
The stretch between Ghata and Sohna Road is already built. However, as in case of Dwarka Expressway (NPR), seeking fair compensation, residents of Fazilpur whose homes are along the alignment of the SPR had also approached the Punjab and Haryana high court over acquisition of their land.
It was then decided that a 100m-stretch of the road will pass through Fazilpur, for which 20-odd homes will need to be relocated. Once HUDA acquires this land, it will also be able to build water supply lines to sectors 68-80, where for long, water has been supplied through water tankers as the Authority had failed to get permit to lay a pipeline through Fazilpur.
According to administrator Anita Yadav, HUDA is already working on the relocation plans. "Those affected by the SPR will get alternate plots. Our team will soon do a survey of Sector 37 to prepare a layout plan and demarcate the alternate plots," she said.
Fazilpur village sarpanch Rambir, though, said they have asked HUDA to allot them alternate plots along the SPR itself and not in Sector 37D, as it falls on the other side of the Delhi-Gurgaon expressway. "Those whose homes will be displaced are not in favor of moving away from Fazilpur. Hence, we've asked HUDA to consider allotting us vacant plots in HUDA sectors along SPR itself," he said.CommentQuote0Flag
- Anyone having idea on this; whether sohna road is going to be developed as a national high in near future ..CommentQuote0Flag